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TERMS AND CONDITIONS

Biharilal Fashions (“We”, “Us”, “MyOwnFlo.com”, “FLO”) welcomes you to the MyOwnFLO.com website (our “Site” or “Sites” or “Website” or “Websites”) Terms and Conditions. Please read through them carefully before placing your order. By using this website and/or placing an order you agree to be bound by the terms and conditions set out below.  The use of this website is solely governed by the Terms and Conditions laid out below (“Terms”), to the exclusion of all other terms and conditions.  If you do not agree with these terms and conditions then you are not authorised to use this website.

Nothing in these Terms shall exclude or limit our liability for fraudulent misrepresentation. We may modify these Terms from time to time, without further notice to you, and your continued use of this website (or any of our other websites) following any such modification shall signify your agreement to be bound by the modified Terms. Please read these Terms carefully and check back often. If you do not agree to any change to these Terms, you must immediately stop using this website. Your use of this website is contingent on your acceptance of these Terms.
Please also read our Privacy Statement regarding personal information provided by you.

Before placing an order, if you have any queries relating to these terms and conditions, please email our customer service team at feedback@myownflo.com


GENERAL TERMS AND CONDITIONS
All parts of this Site are the exclusive property of Biharilal Fashions.  Any reproduction or distribution of the elements on this website is forbidden without the prior explicit permission of Biharilal Fashions.  Further, all rights, including copyright, in this website are owned by Biharilal Fashions. Any use of the site or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Biharilal Fashions.
We shall not be liable to any person for any loss or damage, which may arise from the use of any of the information contained in any of the materials on this website.
We have taken every care in the preparation of the content of this website. To the extent permitted by applicable law, and save as otherwise specified by us, we disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website.
These terms and conditions shall be governed by and construed in accordance with Indian Law and it is agreed that the Indian courts shall have exclusive jurisdiction in the event of a dispute. If any terms shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions.
This website is owned and operated by:
        Biharilal Fashions
        62-63 Whitehall, August Kranti Marg, Kemps Corner, Mumbai 400036, India.


REGISTRATION
To use some of the services or features made available to you on this Site, you will need to register. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your registration information change, ensure that you make the appropriate changes in the MY ACCOUNT section of the website, and  notify us immediately at the following e-mail address feedback@myownflo.com. You may also want to view our Privacy Policy. We may change registration requirements from time to time.

ELIGIBILITY TO PURCHASE
In order to make purchases through the Site, you will be requested to register and provide your personal details. In particular, Customers must provide their real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The Site is available only to individuals and others who meet the MyOwnFlo.com’s terms of eligibility, who have been issued a valid credit card/debit card/netbanking facility by a bank acceptable to Us or a PayPal account, whose applications are acceptable to Us, and who have authorised Us to process a charge or charges on their credit card/debitcard/netbanking account or PayPal account in the amount of the total purchase price for the merchandise which they purchase. We reserve the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
By making an offer to purchase merchandise, you expressly authorise us to perform credit checks and, where We feel necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
Furthermore, you agree that we may use Personal information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
Please refer to our Privacy Policy for further information about how we use your data.


APPEARANCE, DESCRIPTION AND QUALITY OF GARMENTS
We have made an effort to show our products as accurate to the actual items as possible.  All designs, prints, bodies, samples, drawings, descriptive matter, specifications and advertising issued by us, including (without limitation) all images, designs, drawings, descriptions or illustrations on this Website and/or contained in any catalogues or brochure issued or published by Us from time to time, are issued or published by us for the sole purpose of giving an approximate idea of the garment(s) described, and is for sample visualization only.  Further, the colour of images on this Website may be limited by the availability of images, colours or shades or by the technology which is used by you to access this website. Different PC monitors and browsers also provide different shades and colours. Therefore, although we strive to achieve the best image quality and clarity on this website, we cannot guarantee that any images, colours or shades will look the same on every PC monitor or browser that you use, and therefore, may not perfectly match the garment that You receive.
Hence, such images do not and shall not form part of any agreement and no agreement shall constitute a sale of any garment(s) by sample. The products you receive may differ slightly from the images that you see on our Website.
All sizes and measurements are approximate, however we do make every effort to ensure they are as accurate as possible. Please refer to the size guide for clarification.
We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system.  We reserve the right to refuse or cancel orders where product information has been mis-published, including prices and promotions.

PRICING POLICY
Prices shown on the Site are in Indian Rupees for Indian customers, US Dollars for customers from USA, Canada and Mexico, and in Euros for customers from the rest of the world.  Prices shown are exclusive of Delivery and Handling Charges.  These prices also exclude any possible local taxes and import duties, quotas, permits, product restrictions and other local requirements in your own country.  We recommend you contact your local customs authority to determine any such local taxes and duties prior to purchase completion.  For more information regarding Delivery & Handling Charges, and local taxes and duties, please refer to the Delivery and Handling section below.
All prices and offers remain valid as advertised from time to time. The price of a product in the currency displayed on the Site at the time the order is accepted will be honoured.  If you are a customer whose credit card is not denominated in the appropriate currency, the final price will be calculated in accordance with the applicable exchange rate on the day your credit card company processes the transaction.
Product prices are set at the beginning of each season using existing currency exchange rates. All prices are subject to change without prior notice.

PAYMENT AND ACCEPTANCE OF YOUR ORDER
You have to be a registered MyOwnFlo.com member in order to purchase from the Site.  During checkout, if you do not already have a MyOwnFlo.com account, you will be prompted to create one before proceeding.
We accept various payment options through PayPal (international) and EBS (India), including all major credit cards, debit cards, netbanking and PayPal accounts.
Please see www.paypal.com for information on PayPal payments.
Please see www.ebs.in for information on EBS payments.
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to, or does not for any reason, authorise payment then you will be notified of this immediately at the check-out stage.
In assessing your request for goods or services, we may use your information for the purposes of the prevention and detection of fraud. One of the purposes for which we may disclose your address and postcode details is to check against the IMRG Security Alert or any other Credit Reference Agency or Fraud Prevention Scheme, which may keep a record of that information. At all times where we disclose your information it will remain secure. If you believe your details are incorrect you may correct those details by following the procedure set out in our Privacy Policy.
There are no additional charges issued from us when using your credit card. The processing of your order will begin after the order value has been paid.
If your payment transaction were successful, you will receive a confirmation email message with a full details of the order, which will serve as Acceptance of your order.  If you fail to receive this message, there might be a temporary network problem or a spelling mistake in the email address. In either case, you are advised to contact customer support at feedback@myownflo.com
Completion of the contract between you and MyOwnFlo.com will be completed when we send you the Despatch Email to confirm the goods have been despatched. The sale contract is therefore concluded in Mumbai, India and the language of the contract is English.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, or that you do not meet the eligibility criteria set out by us.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold; removing, screening or editing any materials or content on the Site; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

DELIVERY & HANDLING

Normal Delivery - India
The delivery time for standard orders within India is currently 10 working days from the date of the order.  However, sometimes during busy periods and unforeseen circumstances, deliveries may take longer.
All standard orders within India are delivered by our courier company to the Delivery Address provided at the time of order.  We will be unable to change a Delivery Address once the order has been confirmed via email to you.
You can track your order anytime through our website.  If you haven’t received your order after 10 working days from the date of the order, please contact our Customer Services department via feedback@myownflo.com.  Please note Saturdays, Sundays and all Indian Bank Holidays are not classified as working days.  Please allow an extra working day for these days.
We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by MyOwnFlo.com and transfer of responsibility in the same way. If you are not in when our couriers first try to deliver and they cannot find a safe location to leave the package, they will take your order back and then attempt to deliver two (2) more times on different days.
The delivery cost for all standard orders within India is Rs. 300 per purchased item.  From time to time, we may provide various discounts on Delivery and Handling charges, at which time the appropriate charges will prevail.

Normal Delivery - International (Outside India)
The delivery time for standard orders throughout the world is currently 10 working days from the date of the order.  However, sometimes during busy periods and unforeseen circumstances, deliveries may take longer.
All standard orders are delivered by our courier company to the Delivery Address provided at the time of order.  We will be unable to change a Delivery Address once the order has been confirmed via email to you.
You can track your order anytime through our website.  If you haven’t received your order after 10 working days from the date of the order, please contact our Customer Services department via feedback@myownflo.com.  Please note Saturdays, Sundays and all Indian Bank Holidays are not classified as working days.  Please allow an extra working day for these days.
We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by MyOwnFlo.com and transfer of responsibility in the same way. If you are not in when our couriers first try to deliver and they cannot find a safe location to leave the package, they will take your order back and then attempt to deliver two (2) more times on different days.
The delivery costs for all standard orders varies depending on your country.  You can find the Delivery and Handling Charges for all countries in the following table (Cost is per purchased item):

Delivery Charges per Garment, by country:

From time to time, we may provide various discounts on Delivery and Handling charges, at which time the appropriate charges will prevail.
All of these prices are excluding possible local taxes and duties in your own country. There is an exemption quota in most countries that allows some merchandise, depending on the value of the package, to be received free from taxes and duties. The exemption quota varies from country to country. For more information on this, please check with your local customs office. You will always be responsible for any possible local taxes and duties applicable within your country.

TRACKING YOUR ORDER
Once your order is despatched, you will receive a Despatch Email from Us giving you all the delivery details, including a Tracking Number.
For deliveries within the India:  Go to www.MyOwnFlo.com/xxxxxxxx and use the Tracking Number provided in your despatch email or click the link in your despatch email. Please allow 24 hours from receipt of the despatch email before tracking your order.
For international deliveries outside India: Go to www.MyOwnFlo.com/xxxxxxxx and use the Tracking Number provided in your despatch email or click the link in your despatch email. Please allow 24 hours from receipt of the despatch email before tracking your order.
If you are having trouble tracking your order, we will check your order status and give you an update.  Email us at feedback@myownflo.com with the date your order was placed, your order number, your full name and FloName, billing address and phone number. Please allow 5 working days before querying your order.

RETURN POLICY AND ALTERATIONS
We warrant that (subject to the other provisions of these Terms), on delivery, all Garments shall be of satisfactory quality (within the meaning set out in the Sale of Goods Act 1979) and be reasonably fit for their intended purpose.
The statutory seven (7) day “cooling off” period applicable in respect of many products/goods that are available for purchase on the Internet (by virtue of the Consumer Protection (Distance Selling) Regulations 2000 and related/ancillary legislation) DOES NOT apply to any of our Garments, since they are custom-made and/or manufactured according to your own personal specifications (or otherwise clearly personalised for You).
Hence, we will not provide any refunds to you under any circumstances.  However, we will alter, repair, fix or replace the Garment (at our discretion) in the following cases:
 If there is a significant manufacturing defect in the garment or a defect caused in transit.
If there is a significant defect in the measurements of the garment, based on the sizing provided at the time of the order.
In these cases as listed above, You will be able to return such Garment to Us, once only, for that Garment to be altered, repaired, fixed or replaced (at our discretion), without any charge for this one-off alteration service that we provide, provided that:
You give written notice of the relevant defect to us within five (5) days of receipt of the Garment, and we are given a reasonable opportunity, after receiving such notice, of examining the relevant Garment(s), and (if asked to do so by us) you return such Garments to us, or to our nominated sub-contractor, at your cost.
You or any third party does not wear or use the relevant Garment(s), and it is returned in its original packing, with all the tags and labels still attached.
The defect did not arise because you failed to follow our oral or written instructions as to the storage, use or maintenance of the Garment(s) or you have altered or repaired such Garment(s) yourself without our prior written consent.
Once we comply with the foregoing provisions of this Clause, and after the altered, repaired, fixed or replaced Garment is sent back to you (at our cost), we shall have no further liability for any breach of the warranty set out above in respect of any such Garment.
For further information regarding alterations or replacements, please contact our customer service department at feedback@myownflo.com

LIMITATION OF LIABILITY
Subject to Terms of this Agreement, the following provisions of this Clause set out our entire financial liability to you (including any liability for the acts or omissions of any of our employees, agents and/or sub-contractors) in respect of (i) any breach of these Terms and/or any Contract (ii) any use made by you, or any hire or resale by you, of any Garment(s) and (iii) any representation, statement or tort, act or omission (including, without limitation, negligence) arising under or in connection with these Terms and/or any Contract.
Our total liability to you in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these Terms, and/or any Contract, shall be limited to the aggregate price of the Garment(s) acquired by you pursuant to these Terms and/or such Contract and we shall not be liable to you for any loss of profit, loss of business or depletion of goodwill (in each case) whether direct, indirect or consequential, or for any claims for consequential compensation (howsoever caused), which may arise out of or in connection with these Terms and/or any relevant Contract.
At our request, you agree fully to defend and indemnify us, and to hold us and each of our officers, directors, employees, agents, affiliates, licensors and suppliers harmless (immediately on demand) from and against (i) any and all liabilities, claims, expenses, costs, damages and other losses, including (without limitation) legal fees, arising from any breach of these Terms and/or any Contract by you and (ii) any other liabilities arising out of your use of this website, or the use by any other person(s) accessing this website through you. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you pursuant to this Clause.

INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that all copyright, designs, logos, trademarks and other intellectual property rights relating to (or arising in respect of) this website or any content contained herein (which shall include, without limitation, all graphics, photographs, image rights, sounds, music, videos or text on this website) shall remain at all times vested in us and/or the relevant third party owners. Such content, including all intellectual property rights therein or mentioned or displayed on this website, is protected by national intellectual property and other laws and international treaty provisions. You are permitted to use such website content only as expressly authorised by us. Any reproduction or redistribution of any such content from this website is prohibited and may result in civil and/or criminal penalties. Without limiting the scope of the foregoing provisions of this Clause 10.1, copying any content from this website to any other server or location, or the use of any such content in support of any third party publication, reproduction or distribution, is hereby expressly and strictly prohibited. We will seek to rely on and enforce these provisions to the fullest extent permitted by law.
We are happy for you to browse this website and to download and/or print anything that might interest you. However, your access to this website and the information/material contained on this website does not give you a licence (or any other right) to reproduce, print, distribute or otherwise use such information/material, apart from downloading it onto your own personal computer (and printing it) solely and exclusively for your own personal use and subject always to the following conditions (i) that no documents or related graphics on this website are modified in any way (ii) that no graphics on this website are used separately from any accompanying or associated text and (iii) that all of our copyright and (as applicable) trade mark notices appear in or on all copies. You may not otherwise print, copy, reproduce, display, publish, license, modify, distribute, transmit, exploit, sell or use for any commercial (or other) purpose any of the text, images, information, content, software or other material on this website without our prior written permission. Subject to the foregoing provisions, no part of this website may be reproduced or stored in any other website, or included in any public or private electronic information retrieval system or service, without our prior written permission.

YOUR USE OF THIS WEBSITE
You use this website at your own risk. You agree that you will be personally responsible for your use of this website and for all of your activity on this website. We reserve the right to deny you access to this website, or to any part of this website, at any time without further notice to you. If we determine, at our sole discretion, that you are (or may be) engaged in any prohibited activities, are not respectful of other users of this website or that you have otherwise violated these Terms, we may deny you access to this website on a temporary or permanent basis and any decision by us to do so is final.
While we try to ensure that the information and other content on this website is accurate and complete, we do not warrant or represent that such information or other content is absolutely accurate, up-to-date, error-free or reliable or that your use of such information or content will not infringe the rights of any third parties. Neither do we warrant that the functional aspects of this website or any content will be error-free or that this website, its content or the server that makes it available to you are free of viruses or other harmful components. If your use of this website, or any of its content, results in the need for servicing or replacing any of your property, material, equipment or data, we shall not be responsible for any costs incurred by you as a result. Without limiting the scope of the foregoing provisions of this Clause, everything on this website is provided to you "AS IS" and "AS AVAILABLE" without any warranty of any kind, either express or implied. Neither we nor any of our suppliers or commercial partners give any warranties or representations about any content on this website, software text, downloads, graphics and/or any links, or about the results that can be obtained from using this website. You bear the entire risk of the completeness, accuracy or usefulness of this website and the content of this website. We reserve the right to withdraw, temporarily or permanently, any content from this website at any time and for any reason. Removal may be immediate and without notice. You confirm that we are not liable to you (or any third party) for any such withdrawal of content from this website. We make no warranty that this website will meet your requirements or will be uninterrupted, efficient, secure or error-free or that any defects will be corrected within any particular period. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through this website. You acknowledge that we cannot guarantee, and therefore that we shall not be in any way responsible for, the security or privacy of this website or any information which is provided to or taken from this website by you. Access to this website may be suspended temporarily, and without notice, in the case of system failure, maintenance and/or repair or for other reasons beyond our control.
You are required to register with us in order to use certain features on this website. We ask that you register with us using your correct name, e-mail address and other requested personal information. You agree to provide true, current and complete information about yourself as prompted by our registration form and to promptly update the information that you provide to us from time to time in order to keep it true, current and complete. If we have reasonable grounds to suspect that any information that you have provided to us is in fact untrue, inaccurate or incomplete, we may suspend or terminate your access to this website. If any of the information that you give to us when you register changes, you must inform us immediately. If and when we issue you with a username and/or a password, these will be essential for your secure use of this website, so in turn you must ensure that they are kept confidential, secure and are used in accordance with all relevant instructions from us. If we think there is likely to be a breach of security or any other misuse of this website we may (a) change your password, in which case we will notify you that we have done this and/or (b) suspend your username and password access to this website. If you think that either your username and/or password has become known by someone not authorized to use it, or if any password is being or is likely to be used in an unauthorised way, you must inform us immediately. If you have forgotten your password and/or your username, you should also contact us immediately. We will have no liability to you, under these Terms or otherwise, in connection with any unauthorised access to (or use of) your account and/or your designs that occurs directly or indirectly as a result of any lost, stolen or misused username and/or password. We are not obliged to monitor, detect or report any unauthorised use of this website and you shall be solely responsible and liable for all charges and expenses that are incurred as a result of any such unauthorised use.
If you would like to link to this website, you may only do so on the basis that you link to, but do not replicate, the home page of this website, and subject always to the following conditions (i) you do not remove, distort or alter the size or appearance of any logo on this website (ii) you do not create a frame or any other browser or border environment around this website or any part of it (iii) you do not in any way imply that we are endorsing any goods, products or services other than our own Garments (iv) you do not misrepresent your relationship with us or present any other false information about us (v) you do not use any intellectual property displayed on this website without our prior written permission (vi) you do not link from a website that is not owned by you and (vii) your website does not contain content that is distasteful, offensive or controversial, that infringes any intellectual property rights, or any other rights, of any other person or otherwise does not comply with all applicable laws and regulations. We expressly reserve the right to revoke the rights granted hereby for any breach of these Terms, and to take any action we deem appropriate in such circumstances, and you agree to fully indemnify us for any loss, expense, liability, cost or damage suffered or incurred by us due to any such breach of these Terms.
We cannot guarantee that this website, and/or the material contained on this website, is appropriate or available for use in locations outside of India. Accessing this website from territories where its content is illegal or unlawful is expressly prohibited. If you choose to access this website from locations outside of India, you do so at your own risk and you are responsible for complying with local laws.

MISCELLANEOUS
Assignment: we may assign the benefit of these Terms and/or any Contract (or any part thereof) to any person, firm or company. You are not entitled to assign the benefit of these Terms and/or any Contract (or any part thereof) without our prior written consent.
Force majeure: we reserve the right to defer the date of delivery of any Garment(s), or to cancel the relevant Contract (without liability to you) if we are prevented from, or delayed in, the carrying on of our business due to circumstances beyond our reasonable control including (without limitation) acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to its workforce), or restraints or delays affecting any of our nominated distributors, couriers or other carriers and/or any inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of ninety (90) days, you shall be entitled to give notice in writing to us to terminate the relevant Contract.
Remedies: each right or remedy available to us under these Terms and/or any Contract is without prejudice to any other right or remedy available to us, whether under these Terms, that Contract or otherwise.
Illegality: if any provision of these Terms and/or any Contract is found by any court, tribunal or administrative body of any competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable, it shall, to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness, be (and be deemed) severable and the remaining provisions of these Terms and/or relevant Contract, and the remainder of such provision, shall continue in full force and effect.
Waiver: any failure or delay by us in enforcing, or partially enforcing, any provision of any Contract shall not be construed as a waiver of any of its rights under that Contract. Any waiver by us of any breach of, or any default under, any provision of any Contract by you shall not be deemed a waiver of any subsequent breach or default and shall in no way affect any of the other terms of that Contract.
Governing law: the formation, existence, construction, performance, validity and all aspects of these Terms, and each Contract, shall be governed by Indian law and you hereby submit to the exclusive jurisdiction of the Indian courts in connection with any dispute arising out of these Terms or any such Contract.

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